Common use of PATENTS AND DESIGN RIGHTS Clause in Contracts

PATENTS AND DESIGN RIGHTS. 14.1 Except where such claims relate to Goods or parts thereof based on designs, drawings or instructions specified or provided by the Purchaser, if any sustainable claim is made in relation to infringement or any Letters Patent, Registered Design, Trademark or copyright or other intellectual property right, in respect of which publication occurs prior to the date of any quotation relating to Goods and/or Services the subject of such claim, and in respect of which quotation such Goods and/or Services were supplied by the Vendor to the Purchaser, the Vendor will at its expense either replace or modify the part the subject of such infringement with a non- infringing part or procure for the Purchaser the right to use such part provided that the Vendor is given the full opportunity to conduct all negotiations in relation to such a claim AND PROVIDED THAT the Vendor shall not incur any liability for losses arising from the Purchaser‘s use or non - use of any infringing part. 14.2 The Purchaser warrants that any designs, drawings or instructions furnished or given by him/it to the Vendor shall not be such as to cause the Vendor to infringe any Letters Patent, Registered Design, Trademark or copyright or other intellectual property right, and the Purchaser hereby indemnifies the Vendor and agrees to keep the Vendor indemnified against any costs which may directly arise against or be incurred by the vendor by reason of any such infringement.

PATENTS AND DESIGN RIGHTS. 14.1 16.1 Except where such claims relate to Goods or parts thereof based on designs, drawings or instructions specified or provided by the Purchaser, if any sustainable claim is made in relation to infringement or any Letters Patent, Registered Design, Trademark or copyright or other intellectual property right, in respect of which publication occurs prior to the date of any quotation relating to Goods and/or Services the subject of such claim, and in respect of which quotation such Goods and/or Services were supplied by the Vendor to the Purchaser, the Vendor will at its expense either replace or modify the part the subject of such infringement with a non- infringing part or procure for the Purchaser the right to use such part provided that the Vendor is given the full opportunity to conduct all negotiations in relation to such a claim AND PROVIDED THAT the Vendor shall not incur any liability for losses arising from the Purchaser‘s use or non - use of any infringing part. 14.2 16.2 The Purchaser warrants that any designs, drawings or instructions furnished or given by him/it to the Vendor shall not be such as to cause the Vendor to infringe any Letters Patent, Registered Design, Trademark or copyright or other intellectual property right, and the Purchaser hereby indemnifies the Vendor and agrees to keep the Vendor indemnified against any costs which may directly arise against or be incurred by the vendor by reason of any such infringement. 16.3 Unless expressly agreed otherwise, the Vendor is obliged to supply the Goods free of third-party Industrial Property Rights only in the country of the place of manufacture and delivery. If a third party lodges claims on the grounds of a breach of its Industrial Property Rights related to the Goods supplied by the Vendor, the Vendor will, within the period defined in clause 12.5b) and subject to clauses 16.4 and 16.5, be liable to the Purchaser as follows: a) at the Vendor’s discretion and expense, the Vendor will either obtain a right of use for the respective Product, modify the Product so that the Industrial Property Rights are not breached, or exchange the respective Product. b) if the Vendor is unable to do this under reasonable conditions, the Purchaser may terminate the Contract and the Vendor’s liability is limited to a refund of the purchase price for the Goods 16.4 The Purchaser must immediately inform the Vendor in writing of the claims asserted by the third party, must not acknowledge a breach, and leave any protective measures and settlement negotiations to the Vendor’s discretion.‌ 16.5 The Vendor will not be liable if: a) the Purchaser is solely responsible for the breach of the Industrial Property Rights; or b) the breach of the Industrial Property Rights is caused by an application that was not foreseeable by the Vendor or caused by the fact that the Product was subsequently modified by the Purchaser without authorization by the Vendor. Doc.-No. 896048.000 · EN · L21 · Replaces E19 16.6 Ownership of Intellectual Property Rights (other than third party intellectual property rights) associated with the Works and any documentation provided by the Vendor pursuant to these Terms is vested and shall remain vested in the Vendor. The Vendor grants the Purchaser a royalty free, non- exclusive, non-transferable, perpetual (subject to compliance with the terms of the license) license to use all Intellectual Property Rights associated with the Works and any documentation provided pursuant to these Terms for the installation, use, support, repair, or maintenance of the Works by or on behalf of the Purchaser.”

PATENTS AND DESIGN RIGHTS. 14.1 Except where such claims relate to Goods or parts thereof based on designs, drawings or instructions specified or provided by the Purchaser, if any sustainable claim is made in relation to infringement or any Letters Patent, Registered Design, Trademark or copyright or other intellectual property right, in respect of which publication occurs prior to the date of any quotation relating to Goods and/or Services the subject of such claim, and in respect of which quotation such Goods and/or Services were supplied by the Vendor to the Revision July 2020 Purchaser, the Vendor will at its expense either replace or modify the part the subject of such infringement with a non- infringing part or procure for the Purchaser the right to use such part provided that the Vendor is given the full opportunity to conduct all negotiations in relation to such a claim AND PROVIDED THAT the Vendor shall not incur any liability for losses arising from the Purchaser‘s Purchaser's use or non - non- use of any infringing part. 14.2 The Purchaser warrants that any designs, drawings or instructions furnished or given by him/it to the Vendor shall not be such as to cause the Vendor to infringe any Letters Patent, Registered Design, Trademark or copyright or other intellectual property right, and the Purchaser hereby indemnifies the Vendor and agrees to keep the Vendor indemnified against any costs which may directly arise against or be incurred by the vendor by reason of any such infringement.